Category: Hailstorm Damage Insurance Claims

Hailstorms can result in considerable damage affecting windows, rooftops, the exterior and even the interior of a property. The cost of repairs may consist of thousands of dollars, but property owners with insurance will pay just a fraction of that overall cost. But when an insurance company acts in bad faith – failing to comply with a claim, delaying the claim process, or unreasonably denying due compensation – Raizner Slania steps in to ensure these property owners receive their owed payment.


Dallas County Hail Damage Attorneys

Condominium Owners Association Files Hail Damage Insurance Lawsuit

Raizner Slania has filed a hail damage insurance lawsuit on behalf of a Dallas County condominium owners association against Peleus Insurance Company, Strata Claims Management LLC, and Engle Martin & Associates, Inc.

March 2016 Wind and Hail Storm

On March 23, 2016, a wind and hail storm swept through Dallas County causing substantial damage to the roofs, HVAC, exteriors, and interiors of the condominiums. Immediately upon discovering the damage, the plaintiff filed an insurance claim under its policy with Peleus for damages caused by the storm. The plaintiff asked that the cost of repairs be covered pursuant to the policy.

In response to the claim, Peleus assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. More specifically, Peleus assigned Strata to adjust the claim and Strata assigned the claim to a claims manager. Peleus also assigned the plaintiff’s claim to Engle Martin, who in turn assigned it to an employee to adjust the damage.

Strata and Engle Martin failed to perform a thorough investigation of the claim. Strata, Engle Martin, and their representatives failed to prepare any estimates or scopes of damages to the property for the plaintiff. They also grossly undervalued the damages they did accept. Strata, Engle Martin, and their representatives made false representations to the plaintiff, including illegitimately representing that the entirety of damages occurred prior to the policy period and improperly ignoring facts confirming and supporting the hail and wind event and in turn extent of damages.

Peleus had ultimate decision-making authority over the claim. Peleus falsely denied the claim, failed to conform to proper claim settlement practices in Texas, failed to properly supervise its designated representatives, and unreasonably denied and delayed full and fair claim payment.

Our client was forced to hire its own consultant to adjust the damages because Peleus refused to do so. The plaintiff’s own consultant has identified substantial damage far beyond what Peleus acknowledged.

The Carriers Violated the Texas Insurance Code

Our client alleges numerous violations of the Texas Insurance Code, including the failure to effectuate a prompt, fair, and equitable settlement of a claim and misrepresentation of the insurance policies under which it affords property coverage to the plaintiff.

Dallas County Hail Damage Attorneys

Many insurance companies purposefully misrepresent policies during claims investigations to avoid costly payouts. If your insurance carrier delayed, denied, or undervalued your claim, the experienced Dallas County hail damage attorneys at Raizner Slania can help. Call us today for a free consultation to discuss your case.

Hail Damage Insurance Lawsuit

Denton County Gas Station Files Hail Damage Insurance Lawsuit

Raizner Slania has filed a bad faith insurance lawsuit on behalf of a Denton County gas station and convenience store after Nationwide Property & Casualty Insurance Company wrongfully denied its commercial hail damage insurance claim.

March 2016 Hailstorm

On March 23, 2016, a wind and hailstorm swept through Denton County, Texas. As a result, the plaintiff’s property was substantially damaged, including damage to the roof, exterior, interior, products, and other business property. Immediately upon discovering the damages, the plaintiff filed an insurance claim with Nationwide to cover the cost of repairs pursuant to the policy.

In response to the claim, Nationwide assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequate and improperly trained. Specifically, Nationwide assigned the claim to an adjuster who was charged with the responsibility of assessing the damages. The adjuster performed a haphazard investigation of the damages and prepared a grossly undervalued estimate of damages to the structure that ignored obvious damages to the property. Additionally, the adjuster failed to engage appropriate, non-biased consultants to evaluate the damage.

Nationwide relied solely on the adjuster’s incomplete and inadequate investigation to determine what amounts to pay on the claim. As a result, the plaintiff was grossly underpaid for the cost of repairs and has been unable to complete repairs to the property. Nationwide misrepresented coverage under the policy to the plaintiff, stating that certain damages were not covered, when in fact they were.

Nationwide Violated The Texas Insurance Code

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim and failure to implement reasonable standards for the investigation of claim. Additionally, our client alleges Nationwide violated the Deceptive Trade Practices-Consumer Protection Act (DTPA), which provides additional protections to consumers who are the victims of deceptive, improper, or illegal practices.

Know Your Rights As A Policyholder

If your gas station or convenience store has suffered hail damage, your insurance company should pay to cover the cost of repairs. Unfortunately many insurance companies try to find ways to minimize payouts. When this happens, you will need an experienced Texas insurance lawyer to help you get your rightful compensation. If you are facing a dispute over an insurance claim, contact Raizner Slania today to discuss your rights.

Nueces County Bad Faith Insurance Lawyers

Hotel Owners File Bad Faith Hail Damage Insurance Claim

Raizner Slania has filed bad faith hail damage insurance claims on behalf of two local hotel owners against Lexington Insurance Company and York Risk Services Group, Inc. after their hail damage claims were wrongfully denied.

March 2016 Hailstorm

On March 19, 2016, a severe wind and hail storm swept through Nueces County, Texas, causing significant damage to the roof, windows, exterior, and interior of the properties. Upon discovering the damages, the plaintiff immediately filed a commercial hail damage insurance claim with Lexington and asked that the cost of the repairs be covered pursuant to its policy.

In response to the claim, Lexington assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequately and improperly trained. Specifically, Lexington assigned the claim to York Risk Services, who in turn assigned the claim to an employee.

York and the employee failed to perform a thorough investigation of the damages. After visiting the properties, the employee did not prepare any estimates or scopes of damages and/or failed to provide them to the plaintiff. In addition, the employee failed to hire any qualified experts to inspect the damage and failed to communicate with the insured throughout the claims process.

Lexington relied solely on York and its employee’s substandard investigation to determine what amounts, if any, to pay on the claim. As a result of the employee’s inadequate, incomplete, and unreasonable investigation, Lexington wrongfully denied and grossly underpaid the plaintiff’s claim.

Lexington wrongly represented the damages were not covered under the policy, when in fact they were; and, Lexington continues to deny timely payment to cover the property damage. Lexington’s refusal to pay has caused the plaintiff to suffer significant economic impact, worry, distress, and continuing economic and physical damages. The plaintiff has been unable to make the necessary repairs to the properties, causing additional damage to the interiors, roofs, and other parts of the properties.

Lexington Violated The Texas Insurance Code

The plaintiff cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to pay a claim without conducting a reasonable investigation, and misrepresentation of the insurance policy under which it affords property coverage to plaintiff.

Nueces County Bad Faith Insurance Lawyers

If your insurance company wrongfully denied, delayed, or underpaid your commercial hail damage insurance claim, the experienced Nueces County bad faith insurance lawyers at Raizner Slania can help. Call us today to learn your legal options.

Odessa Bad Faith Insurance Lawyers

Odessa Hailstorm Rocks Businesses and Property Owners

Odessa, Texas is no stranger to hailstorms, but the storm that swept through the city on June 14, 2017 was something residents and business owners were not prepared for. Winds during the storm were reported to be between 60 and 70 miles per hour while hail the size of baseballs pelted the city.

Widespread Damage

Although the storm lasted for only half an hour, the damage to the city was catastrophic. The storm swept through Ector County and parts of Midland County, causing significant damage to businesses in the path of the storm. Many buildings suffered roof damage and broken windows, including the Second Baptist Church where an entire side of the church suffered broken windows. However, hail can also cause severe damage to anything exposed like HVAC systems, equipment, and siding among other things.

In total, the damage is estimated to cost $480 million in repairs, making this the most costly storm in Odessa in decades. However, business owners can be surprised to learn that the total damages include more than just the cost of repairs. Business owners can suffer addition damage to their property while waiting for repairs. Roofs that become damaged in a hail storm can leak when it rains and businesses can be forced to close their doors until repairs are complete causing them to lose revenue. Owners of retail centers and apartment complexes can lose tenants, either temporarily or permanently, and this type of lost income can give rise to significant business interruption claims.

Many buildings like hotels, retail buildings, office buildings, and apartments were all damaged in the storm, and business owners may soon see out of state contractors and roofers descend on Odessa with offers to complete repairs. Property owners should always be wary of out state contractors who chase storms like the one that hit Odessa. These contractors often over promise and under deliver. Before hiring any contractor, public adjuster, or attorney, policyholders should ask questions and do their research. There is a lot at stake with a commercial insurance claim, so only qualified professionals should be retained to help your claim.

What Does This Means For Property Owners?

Anytime there is a natural event that causes widespread damage, business owners can face unique challenges regarding their property insurance claims. Events like last month’s Odessa hailstorm present massive losses to insurance companies, and some may respond by using bad faith tactics to limit payouts.

Insurance companies might try to claim that the hail damage is “normal wear and tear” or falsely claim some or all of the damage existed before the storm. These tactics are often unfair and unfounded, and are frequently touted by fraudulent engineers and other insurance industry professions whose goal is to help insurance companies reduce or complete deny payouts. If it doesn’t sound right, it may not be, and property owners would be wise to seek an independent, second opinion from a qualified contractor or public adjuster of their choice prior to accepting an insurance denial or reduced claim payment.

Under the Texas Insurance Code, policyholders have the right to have their insurance claims be investigated promptly and fairly. Policyholders must also be provided with a reasonable explanation if their claim is denied.

Unfortunately, recent legislation will make it more difficult for business owners to pursue these types of claims. This means property owners need to hire experienced and qualified legal counsel to successfully navigate a bad faith insurance claim. With the help of an experienced lawyer, policyholders can fight back against claims that are not properly investigated or claims that are delayed, underpaid, or wrongfully denied.

Odessa Bad Faith Insurance Lawyers

At Raizner Slania, our lawyers know the tactics insurance companies use to avoid payouts. Our Texas bad faith insurance lawyers have earned nationwide recognition for helping policyholders fight for and win their rightful claims against insurance companies operating in bad faith. Please contact us today for a free initial consultation.

Oklahoma Bad Faith Insurance Lawyers

Oklahoma Industrial Building Owner Files Bad Faith Insurance Lawsuit

Raizner Slania has filed a bad faith insurance lawsuit on behalf of an industrial building owner against Acadia Insurance and Union Standard Insurance Group after its wind and hail insurance claim was wrongfully denied.

April 2016 Wind and Hailstorm

On April 19, 2016, a severe wind and hailstorm swept through Durant, Oklahoma. The wind and hailstorm caused severe damage to the roof, HVAC, exteriors, and interiors of the property. Immediately upon discovering the damage, the plaintiff filed an insurance claim for the cost of repairs.

In response to the claim, Acadia assigned representatives, adjusters, consultants, and agents to plaintiff’s file that were inadequate and improperly trained. Specifically, Union Standard and an employee out of Dallas, Texas mishandled the plaintiff’s claim. The employee conducted an unreasonable investigation of the cause and extent of damages, was improperly trained, and was not equipped to handle this type of claim.

In May 2016, an adjuster visited the property but failed to complete an adequate inspection and refused to acknowledge all the damages to the property. The employee did not prepare any estimates or scopes of damages, so the plaintiff was forced to prepare its own estimate of damages and point the issues out to the employee.

However, the employee ignored the facts supporting coverage, failed to give the plaintiff’s presentation proper consideration, and denied the true extent of damages covered by the policy. Instead, the employee retained consultants from a preferred vendor and was unnecessarily hostile to the insured in claim communications and investigation methods. The employee then utilized the preferred vendor’s report to make recommendations to Acadia on what portions of the claim to deny under the policy.

Acadia and Union Standard Operated In Bad Faith

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to promptly provide a reasonable explanation for the denial of a claim, and failure to pay a claim without conducting a reasonable investigation.

Oklahoma Bad Faith Insurance Lawyers

If your insurance company wrongfully denied, delayed, or underpaid your commercial insurance claim, the experienced Oklahoma bad faith insurance lawyers at Raizner Slania can help. Contact us today to schedule a free consultation to discuss your case.

Harris County Hail Damage Lawsuit Attorneys

Harris County Hotel Owner Files Hail Damage Insurance Lawsuit

Raizner Slania has filed a hail damage insurance lawsuit on behalf of a Harris County hotel owner against Liberty Mutual Insurance Europe, Ltd. and Engle Martin & Associates.

April 2015 Hailstorm

On April 19, 2015, a severe hailstorm swept through Harris County and caused substantial damage to the plaintiff’s property. In addition to the hailstorm, that same week there were three days of high winds that also impacted the property. As a result, the roof, HVAC, stucco, windows, exterior, and interior of the property were damaged.

Immediately upon discovering the damage, the plaintiff filed an insurance claim with Liberty Mutual to cover the cost of repairs to the property. Liberty Mutual assigned adjusters, consultants, and agents that were inadequate and improperly trained. Specifically, Liberty Mutual assigned the claim to Engle Martin & Associates as the third party adjusting firm to handle the claim, and Engle Martin in turn assigned the claim to its internal adjuster.

The internal adjuster was given investigative responsibility and certain decision-making authority, although he would have no authority to issue a significant claim payment, only a denial.

The adjusting firm and its internal adjuster conducted an unreasonable and inadequate investigation and denied any wind, hail, and water damage to the roof, HVAC, stucco, windows, exterior, and interior. He also grossly undervalued what damage he did accept. Specifically, the internal adjuster ignored facts supporting the plaintiff’s assertions of covered wind, hail, and water damages in April 2015 and instead only accepted facts that would support the pre-determined denial of the property damage.

Because of the internal adjuster’s haphazard investigation, no payments have been issued under the policy. Liberty Mutual and Engle Martin wrongfully denied the insurance claim and delayed the plaintiff’s claim for property repairs. This caused the plaintiff significant economic impact, worry, distress, and continuing economic and physical damage.

The Insurance Claim Was Wrongfully Denied Under Texas Law

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to promptly provide a reasonable explanation for the denial of a claim, and failure to pay a claim without conducting a reasonable investigation.

Harris County Hail Damage Lawsuit Attorneys

Policyholders who pay their premiums are entitled to the coverage provided under their policies. If your insurance carrier has grossly underpaid or wrongfully denied your hail damage claim, the experienced Houston hail damage lawsuit attorneys at Raizner Slania can help. Contact us today to schedule a free consultation.